General conditions of participation for gamescom “Player of the Month” of Koelnmesse GmbH
– for fans of the gamescom facebook, Twitter and Instagram pages who submit a photo
- Subject matter
Organiser and contractual partner is Koelnmesse GmbH, referred to as Organiser or Koelnmesse in the following. Koelnmesse GmbH has commissioned rheinfaktor, Agentur für Kommunikation GmbH, Zollstockgürtel 57, 50969 Cologne, with the processing.
These general conditions of participation and data protection instructions regulate participation in the “Player of the Month” contest of gamescom, a trade fair event of Koelnmesse GmbH, Messeplatz 1, 50679 Cologne (referred to as “Organiser” in the following) by participants, as well as the collection and usage of the data collected from or provided by participants.
With their participation in the contest, participants accept these general conditions of participation and data protection instructions.
- Persons authorised to participate/participation
Participation in the “Player of the Month” competition presumes that the participating person is 18 years of age. The participant declares himself to be 18 years of age with consent to the general conditions of participation. Persons not authorised to participate also have no claim to a prize if a prize is awarded to them. Only personal applications are permitted.
A participant in the contest is someone who submits a photo appropriate to the given task to be published on facebook, Twitter and Instagram by the official gamescom profiles with the hashtag #PlayeroftheMonth. Submission can take place either on facebook
- as a commentary under the respective contest post
- via direct message
or at Twitter as
- a reply
- Tweet with the hashtag #PlayeroftheMonth
- as a direct message
or at Instagram as
- a post with the hashtag #PlayeroftheMonth and the marking of the official gamescom Instagram account “gamescomcologne” on the image
- a direct message.
All submissions must be identified with #PlayeroftheMonth.
With the submission of the photo, the participants assure that they possess all existing rights to the photo to be published and consent to the publication of the photo and the information provided about the photo online on the official gamescom social media channels (Instagram, facebook, Twitter). The same applies to publication offline, for example, on a screen at the gamescom trade fair, in advertising films, videos, books and brochures, as well as in the Internet. Participants may submit as many photos as they like.
- Usage rights, approval and responsibility.
a. The participants consent to their submissions being used, distributed and being made publicly accessible to third parties in any other way in connection with the contest, the draw, the processing and presentation of the participant contributions by the Organiser in online and offline media. For these purposes, the Organiser is also permitted to process the submissions and to grant rights of usage to third parties if necessary. This granting of rights takes place at no charge and without any spatial, content or chronological restrictions.
b. The participants assure that no rights of third parties will be violated by the publication of the photos on facebook, Twitter or Instagram. The participant will indemnify Koelnmesse GmbH against third parties’ claims arising from the violation of such rights and from costs of legal enforcement.
c. Koelnmesse reserves the right to immediately delete obscene, defaming, insulting or slanderous photos and to exclude the participant from participation. In addition to this, Koelnmesse will not consider the corresponding participant in the draw in the event of technical manipulation or other violation of these general conditions of participation. A technical violation is e.g. the creation of several Instagram profiles by one person. In such cases, the prize can also be retroactively revoked and a substitute winner drawn. Each participant can only win one prize.
The promotion begins in January 2016 with the publication of the first contest post. This is followed by further monthly contest posts with various tasks up to and including August 2016. The deadline for submission for the respective posts is always the last day of the month in question at 11:59 p.m., irrespective of the publication date of the respective contest post; the duration of participation varies accordingly from contest post to contest post. Participation following the expiration of the submission deadline is not possible; photos submitted after this date can no longer be considered.
- Determining the winners
A three-member jury consisting of employees of the rheinfaktor agency will select a winner from among the persons that submit photos on facebook, Twitter or Instagram and who are clearly classified as belonging to the “Player of the Month” competition following the expiration of the deadline for submission. The participants are collected in a temporary list with their social media account names in order to facilitate evaluation. Each month (January to August), the jury determines a winner that fulfils the task in the most suitable and creative fashion.
- Notification of winners
The winners are informed by the official gamescom account by direct message on facebook, Twitter or Instagram (depending upon the platform used to submit the photos) following the determination of the winners. In order that the prize can be sent, the winners must respond to this direct message with e-mail address and photo within 14 days. If a response to the notification of the winner is not received within this period, the prize is forfeited. Koelnmesse may in this case name a substitute winner at short notice. The winner has no right to a change of or supplement to the respective prize. If the indicated contact possibilities are incorrect (e.g. e-mail address), the organiser is not obligated to determine the correct addresses. The participant shall bear the disadvantages resulting from the providing of incorrect contact data.
Each winner is requested to submit a photo of themselves (portrait) as an image file by e-mail to email@example.com. Oskar Pannier will develop a comic drawing (prize) on the basis of this photo, which will be sent to the winner by e-mail.
Cash settlement, change, exchange or transfer are not possible.
- Caveat emptor
a. The organiser points out that the availability and functioning of the contest cannot be guaranteed. The contest can be ended or removed due to external circumstances and constraints without this resulting in claims of the participants against the Organiser.
b. These can include technical problems, changes to the rules or decisions by platforms such as facebook in the event that the contest is organised on or in connection with them.
a. For liability of the Organiser for compensation for damages, the following exemptions and limitations of liability apply, irrespective of other legal prerequisites for claims in accordance with number 9.
b. The Organiser assumes liability without restriction to the extent that the cause of damages is based on intent or gross negligence.
c. In addition to this, the Organiser is liable for slightly negligent violation of significant obligations, the violation of which endangers the achieving of the purpose of the contract, or for the violation of obligations, the fulfillment of which is the prerequisite for the orderly execution of the contest, and upon the observance of which the contractual partners regularly rely. In such cases the Organiser is liable only for the foreseeable damage typical for the contract. The Organiser is not liable for the negligent breach of obligations other than the ones stated in the preceding sentences.
d. The aforementioned limitations of liability do not apply to injury of life, body and health, for deficiencies after assumption of quality guarantees for the quality of a product and for the fraudulent concealment of deficiencies. Liability according to the Product Liability Act remains unaffected.
e. To the extent that the liability of the Organiser is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the Organiser.
- Data Protection
Personal data of the participants (first and last name and e-mail) is collected in the context of the contest. These data are saved and used exclusively for carrying out the contest and are deleted following completion of the contest. Participants have the possibility at all times of blocking their personal data or of having it deleted, unless Koelnmesse is obligated by law to retain them.
The request for blocking/deletion (cancellation) is to be sent to the following e-mail address: firstname.lastname@example.org. If a participant wishes to have his data blocked or deleted, participation in the contest is no longer possible.
Insofar as the participation in the contest takes place via facebook/ Instagram/ Twitter, the respectively valid conditions in the relationship between the selected provider and the participant apply. In particular, the participant is aware that his personal data is also saved by these providers and may also be processed there subsequent to the end of the contest. A cancellation submitted to the Organiser does not automatically result in the blocking or deletion of his data by the chosen provider.
- Premature ending of the contest
Koelnmesse reserves the right to cancel or end the contest due to unforeseen circumstances without prior notice. This applies in particular when software or hardware errors occur and/or other technical and/or legal reasons influence or make impossible the regular and orderly carrying out of the contest.
- Applicable law
The contest is subject exclusively to the law of the Federal Republic of Germany.
- Instructions and conditions of facebook
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and facebook is defined by the general conditions of participation https://www.facebook.com/terms.php, as well as by the data protection rules of facebook: https://facebook.com/privacy
b. The participants may assert no claims against facebook arising in connection with participation in the contest.
c. The participants acknowledge that the contest is in no way sponsored, supported or organised by facebook and is not connected with facebook in any way.
d. All information and data that is provided by the participants or gathered from them through usage of the contest application or for the contest are only provided to the Organiser and not to facebook.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to facebook.
The contest is not connected to facebook in any way and is in no way sponsored, supported or organised by facebook. The recipient of the information provided by the participants is not facebook, but rather koelnmesse GmbH. The provided information is only used by Koelnmesse exclusively for the determination of the winners.
- Instructions and conditions of Twitter
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and Twitter is defined by the general conditions of participation https://support.twitter.com/groups/56-policies-violations/topics/237-guidelines/articles/490446-richtlinien-fur-wettbewerb-auf-twitter and the data protection rules of Twitter bestimmt: https://twitter.com/privacy?lang=de
b. The participants may not assert any claims against Twitter arising in connection with participation in the contest.
c. The participants are aware that the contest is in no way sponsored, supported or organised by Twitter and is not connected with Twitter.
d. All information and data provided by the participants or collected from the participants through the use of the contest application or during the contest are only provided to the organiser and not to Twitter.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to Twitter.
The contest is not connected with Twitter and is in no way sponsored, supported or organised by Twitter. The recipient of the information provided by the participants is not Twitter, but rather Koelnmesse GmbH. The provided information is used by Koelnmesse exclusively for the determining of the winners.
- Instructions and conditions of Instagram
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and Instagram is defined by the general conditions of participation https://help.instagram.com/478745558852511/ and the data protection rules of Instagram: https://help.instagram.com/155833707900388
b. The participants may not assert any claims against Instagram arising in connection with participation in the contest.
c. The participants acknowledge that the contest is in no way sponsored, supported or organised by Instagram and is in no way connected with Instagram.
d. All information and data provided by the participants or collected from them through the usage of the contest application or during the contest are only provided to the Organiser and not to Instagram.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to Instagram.
The contest is not connected with Instagram and is in no way sponsored, supported or organised by Instagram. The recipient of the information provided by the participants is not Instagram, but rather Koelnmesse GmbH. The provided information is exclusively used by Koelnmesse for the determination of the winners.